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POINT BY POINT SUMMARY

Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Nedarim 33

1) ONE WHO VOWED NOT TO EAT FROM HIS FRIEND

(a) Question: Why can't he lend these things - he only vowed not to eat from him!
(b) Answer #1 (Reish Lakish): The case is, he said 'your food is forbidden to me'.
(c) Objection: If so, we should say that Levi cannot use (to cure a wound on his foot) wheat that Shimon chewed!
(d) Answer #2 (Rava): The case is, he said 'Benefit from you that leads to food is forbidden to me'.
(e) (Rav Papa): A bag or donkey to bring fruit, even a basket is considered benefit that leads to food.
(f) Question (Rav Papa): May he lend him a horse to ride on, a ring to wear, may Shimon let Levi walk through Shimon's property (these will help Levi get to food, or to get a nicer portion)?
(g) Answer (Mishnah): He may lend him a cloak, nose-rings and rings.
1. Question: What is the case?
i. Suggestion: If Levi will not get a better portion because he is wearing them - obviously, Shimon may lend him!
2. Answer: Rather, Levi will get a better portion, and still, Shimon may lend him!
(h) Rejection: No - really, Levi will not get a better portion.
1. The beginning of the Mishnah taught vessels he may not lend him, so the end of the Mishnah teaches vessels he may lend him, even though it is obvious.
(i) (Mishnah): Any vessel not used for food - in a place where such vessels are rented, he may not lend him.
(j) (Gemara): We infer, the vessels listed at the beginning of the Mishnah may not be lent even where they are not rented (but are lent for free) - which Tana holds this way?
(k) Answer (Rav Ada Bar Ahavah): R. Eliezer.
2) WHICH BENEFITS ARE PERMITTED?
(a) Reuven is forbidden by a vow to benefit from Shimon. Shimon may give the half-Shekel (which every person is obligated to give to Hekdesh each year for sacrifices) on behalf of Reuven, he may pay Reuven's debt, and he may return Reuven's lost object;
1. In a place where people pay for returning a lost object, the money goes to Hekdesh.
(b) (Gemara): We infer, these benefits must be considered as mere prevention of damage, and are therefore permitted.
(c) Question: Which Tana holds as this?
33b---------------------------------------33b

(d) Answer #1 (Rav Hoshaya): Chanan.
(e) Answer #2 (Rava): The Mishnah can also be as Chachamim.
1. The Mishnah permits paying a debt which was given on condition that the lender may not press the borrower for payment.
(f) Question: What did Chanan teach (that led Rav Hoshaya to say the Mishnah is as Chanan)?
(g) Answer (Mishnah): Levi went overseas; Shimon fed Levi's wife. Chanan says, Shimon is not reimbursed; the sons of Kohanim Gedolim say, Shimon swears how much he gave her, and is reimbursed.
1. Rava did not answer as Rav Hoshaya - he prefers to establish the Mishnah according to everyone.
2. Rav Hoshaya did not answer as Rava - we would decree not to allow paying such a debt on account of a normal debt.
3) RETURNING A LOST OBJECT
(a) (Mishnah): Shimon may return Levi's lost object ...
(b) Version #1 (R. Ami or R. Asi): This only applies when Levi is not allowed to benefit from Shimon; Shimon is not giving him anything, he merely returns Levi's property to him.
1. If Shimon was forbidden to benefit from Levi, he would be forbidden to return Levi's lost object - he would save money, as Rav Yosef taught (that one engaged in returning a lost object, since he is engaged in a Mitzvah, is exempt from giving Tzedakah).
(c) (R. Ami or R. Asi - the one who did not say (b)): Even in this case, he may return a lost object - it is rare that one saves money through Rav Yosef's law.
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